BACHELARD V AUSTRALIAN FEDERAL POLICE [2025] FCAFC 5
The Full Court of the Federal Court of Australia (the Court) has upheld the appeal of Australian journalist Michael Bachelard against a decision of the Administrative Appeals Tribunal (AAT) that denied him access to documents from Australian Federal Police (AFP) under the Freedom of Information Act 1982 (Cth) (FOI Act).
Basile v Pugh [2024] VSCA 280
The judgment of the Court of Appeal in Basile v Pugh was delivered on 22 November 2024. This was an unsuccessful appeal by the Plaintiff against a decision by His Honour Judge Purcell in the County Court denying leave to extend time under Section 23A LAA in a TAC claim.
Smit v State of Victoria – Analysing False Imprisonment
Smit v State of Victoria examines the legal framework governing lawful arrests and false imprisonment. The plaintiff, Smit, was arrested at a Melbourne anti-lockdown protest in October 2020. Smit claimed that three consecutive arrests amounted to instances of false imprisonment.
Police Oversight Consultation Summary finally released after more than three years
On 4 February 2025 the Government quietly tabled a Consultation Summary for the Department of Justice and Community Safety’s (DJCS) “Systemic Review of Police Oversight” (Systemic Review). The consultation summary sets out the views gathered through public engagement conducted by the DJCS as part of the Systemic Review.
State of New South Wales v Cullen [2024] NSWCA 310
We have previously written about the landmark decision of Cullen v State of New South Wales [2023] NSWSC 653 in which the Court held that police officers owe a duty of care to members of the public attending protests. This decision was appealed by the State.
I was injured in a car accident, but I wasn’t doing the right thing. Am I still eligible for TAC benefits?
It may come as a surprise that under the Victorian Transport Accident scheme, everyone injured in a transport accident is entitled to benefits from the TAC, even if the accident was their own fault. Further, those convicted of a driving offence are restricted from some entitlements but are always entitled to claim medical and like expenses.
Benefits of a Special Disability Testamentary Trust Will
In Victoria, establishing a Special Disability Testamentary Trust (‘SDTT’) — a special disability trust created through a will — can further secure significant benefits for both the disabled beneficiary and the family members setting up the trust.
Waller v Barrett – At last! The internationally recognised tort of invasion of privacy finally becomes proper Australian law
The case of Waller v Barrett is an intriguing step forward in the common law and for the first time in Australian law establishes the tort of invasion of privacy. It is also a fascinating example of a Plaintiff taking a creative and innovative approach to both torts law and equitable remedies.
Overcoming the Unknown: Zoe’s Successful TAC Claim Story
In May 2018, a major road traffic collision left Zoe critically injured. Life as she knew it changed in an instant – and as she began the long journey towards recovery, she was faced with an uncertain future.